One of the problems faced in attempting to effectively control media files on a media storage device, (a compact disk (CD) or a digital versatile disk (DVD)), in a secure and controlled manner is that current media storage devices typically need to be compatible with both home media storage device players, (e.g., a CD, digital versatile disk (DVD) or other player), and with media storage device drives which may be connected to a computer system. Many of these home media players/drives were designed in 1982, and the media storage device needs to be backwards compatible with those players/drives.
Media storage device drives are essentially data transducers, meaning they convert bit stream data into electronic waveform that is output, (e.g., as an analog waveform or harmonic waveform), to speakers and/or other devices to render sound. Computer media storage device drives can also output the bit stream data digitally in a computer readable format. In many instances, the material contained in a media storage device is copyright protected material.
A media storage device coupled with a computer system can be problematic for copyright holders because in addition to its transducing abilities, it may also be: A) a morphogenic system, meaning that a user can take digital data, reorganize the data, and morph it into other forms on the computer; and/or B) a replicator system, meaning that it can also copy, capture, store, or reproduce the digital data. Thus, a user can make unauthorized copies of the digital media and distribute it in an uncontrolled manner. A disadvantage to the uncontrolled distribution of digital media is that there is currently no effective means to provide compensation to the owner (e.g., record company, lyricist, musician, software developer, etc.) if it is copyrighted material. Studies estimate revenue losses in the billions due to unauthorized copying and inaccurate reporting of royalties.
The data format of a media storage device, (e.g., a CD), was designed in 1982 and it was not designed with any security in mind. This is because it was designed to be effective media for data transduction, and as such, did not include provisions for effective copyright protection or Digital Rights Management (DRM). In many instances, all that is needed is a click of the mouse to strip the DRM protection off the media storage device, and the media file becomes available for reproduction and distribution. Alternative means to defeat copyright protection of media files can be as easy as using a magic marker technique. In this technique, a user marks the outer track on a media storage device, (e.g., a CD), with a permanent marker, (e.g., a Sharpie). When the computer tries to read the first track, it fails, and by default, then reads the next track, usually where the music begins.
Further, DRM protection methods implemented as a stand alone device, meaning that the DRM and copy protection resides in software that resides on the disk, are also problematic. This is because when circumvention of the DRM on the media storage device occurs, little if anything can be done because the DRM controls are also bypassed. There may not be any communication with the computer or the Internet.
Software DRM solutions are additionally problematic for CDs and DVDs because they frequently do not provide DRM compliance, and it is foreseen that software solutions will not provide DRM protection in the future, particularly with the introduction of new computer operating systems and new media formats. These types of software DRM solutions are difficult to morph into a secure format once operating systems change.
In many instances, demo media files are being copied and released prior to release of the actual media file. Often, unauthorized copies of protected media files, (e.g., CDs and/or DVDs) are being released before of after the release of the media file itself. In some instances, the unauthorized copies are outselling legally produced media files.
Applications are readily available via the Internet for the express purpose of producing an exact audio copy of media files on a media storage device. One example is Exact Audio Copy, a freeware software program freely available on the Internet which produces an exact audio copy in .wav file format. Using Exact Audio Copy, circumventing existing protection can be accomplished without modification to the existing technology. The Exact Audio Copy application bypasses the multisession data tracks and goes directly to the audio tracks. This can be accomplished by loading the Exact Audio Copy onto a computer, inserting a CD, and pressing a button to two to copy the audio tracks.
Additionally, there are “ripping” applications, readily available via the Internet, that read the redbook, which enables the ripping application to access the table of contents, and the ripping application goes to the audio tracks where it can “rip” the audio or video file.
Further, many of the media player/recorder applications are designed to capture and record incoming media files in a manner that circumvents controls implemented by a media player application inherent to an operating system, (e.g., QuickTime for Apple, MediaPlayer for Windows™, etc.,) or downloadable from the Internet, (e.g., RealPlayer, or LiquidAudio), or those provided by webcasters, (e.g., PressPlay), for controlling unauthorized recording of media files. Also, many digital recording devices, (e.g., mini-disc recorders, MP3 recorders, and the like), can be coupled to a digital output of a computer system, (e.g., a USB port, a S/Pdif out, and the like), to capture the media file.
As a result, copyrighted digital media can be readily stored and/or transformed using a computer system. This copyrighted media can then be copied and distributed in an unauthorized manner, thus preventing the copyright holder from collecting royalties.
A further enhancement in computer functionality can be realized by communicatively coupling computers together to form a network. Within a network environment, computer systems enable users to exchange files, share information stored in common databases, combine or pool resources, communicate via electronic mail (e-mail), and access information on the Internet. Additionally, computers connected to a network environment, (e.g., the Internet), provide their users access to data and information from all over the world.
There are many different types of network environments that can be implemented to facilitate sharing of data between computer systems. Some of the various network environment types include Ethernet, client-server, and wired and/or wireless network environments. A common utilization of a network environment type is for file sharing, such as in a P2P network or point-to-point network. Most P2P networks rely on business models based upon the transfer and redistribution of copyrighted material, (e.g., audio files), between computers coupled to a network, (e.g., the Internet). A P2P network allows a user to acquire the copyrighted material from a computer, a web site source, or a music broadcaster, and store and share the material with other users throughout the network, in some instances acting as a web site source or a music broadcaster.
It is also common for users sharing files in an uncontrolled manner to use freely distributed or commercially available media player applications to experience, (e.g., listen, view, and/or watch, the shared files). In many instances, these media player applications also provide for downloading the media file from a P2P network or from licensed web broadcasters, saving it locally, and then upload the media file onto an unlawful P2P or similar network and/or consumer recording devices.
Additionally, many of the computers, web sites, and web broadcasters that share copyrighted material commonly do not control or monitor the files being exchanged between computers. Often, when web sites attempt to control or restrict the distribution of copyrighted material, (e.g., audio files), users seeking to circumvent controls or restrictions can, in many cases, simply utilize the recording functionality of a media player application and save the copyrighted material, rename the particular audio file, and upload the renamed file, rendering attempts to control or restrict its distribution moot.
Current methods for controlling presentation of computer readable media on media storage devices are inadequate. More specifically, current methods of sharing music files do not provide adequate file distribution controls or proper accountability with regard to licensing agreements and/or copyright restrictions associated with shared copyrighted material. It is therefore desired to prevent unauthorized access to digital media to prevent copying and distribution of the media in an uncontrolled manner. It is also desired to prevent recording applications, such as Total Recorder, Sound Forge, and numerous others, that are adapted to establish a connection with a kernel level driver operable within an operating system to capture and redirect the media file to create an unauthorized reproduction of a media file. It is also desired to prevent recording applications from accessing a kernel-mode media device driver and making unauthorized copies of copyrighted material through some available network, (e.g., wireline, wireless, P2P, etc.), or through a communicative coupling. It is further desirable to prevent access to a kernel based media device driver by a recording application for the purpose of making unauthorized copies of media files from or to alternative sources, (e.g., CD players, DVD players, removable hard drives, personal electronic and/or recording devices such as MP3 recorders, and the like).